Biby vs Molly Mathew
2024 Latest Caselaw 32087 Ker

Kerala High Court

Biby vs Molly Mathew on 7 November, 2024

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O.P.(C) NO.2241 OF 2014

                                                             2024:KER:82880



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                   THE HONOURABLE MR.JUSTICE BASANT BALAJI

         THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                           O.P.(C) NO.2241 OF 2014

      (AGAINST THE ORDER/JUDGMENT IN OS NO.995 OF 2008 OF ASSISTANT
SESSIONS COURT/PRINCIPAL SUB COURT/COMMERCIAL COURT, ERNAKULAM)


PETITIONER:

              BIBY, W/O JOSE GEORGE, FF6, FLAT NO.17,
              VASANTH NAGAR, KALOOR, COCHIN 682 017


              BY ADVS.
              SRI.ABRAHAM JOHN
              SRI.LALJI P.THOMAS


RESPONDENTS:

     1        MRS.MOLLY MATHEW, W/O.LATE MATHEW VARGHESE, 26/207A,
              FERRY ROAD, THEVARA, ERANKULAM 682 013

     2        THE STATE OF KERALA,
              REPRESENTED BY THE GOVERNMENT PLEADER,
              HIGH COURT OF KERALA-682 031


OTHER PRESENT:

              GOVERNMENT PLEADER, SRI. T. JAYAN


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2014, THE COURT
ON 07.11.2024 DELIVERED THE FOLLOWING:
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O.P.(C) NO.2241 OF 2014

                                                            2024:KER:82880



                                 JUDGMENT

(Dated: 7th November, 2024)

This original petition is filed by the petitioner challenging the

proceedings in E.P.No.154 of 2012 in O.S.No.995 of 2008 of

Subordinate Court, Ernakulam, whereby the 1st judgment debtor was

confined in Civil prison.

It is seen from the orders passed by this court on 1st October

2014, in which it is stated that the petitioner's husband Jose to be

released from civil prison Viyyoor on execution of bond for Rs.25,000/-

with two solvent sureties for the like sum each to the satisfaction of

the Court concerned.

On 30.10.2024, the Registry was directed to get a report as to

whether the prisoner had been released after the execution of the

bond.

The Central Prison, Viyyoor, reported that the prisoner was

O.P.(C) NO.2241 OF 2014

2024:KER:82880

released on 07.10.2024. Therefore, the prayers in the original petition

have become infructuous, and the original petition is dismissed.

Sd/-

BASANT BALAJI JUDGE ss